MILLEDGE v. OWENS et al

Filing 22

ORDER adopting 14 Report and Recommendations. Ordered by Judge Hugh Lawson on 3/7/2012. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WILLIE JAMES MILLEDGE,
Plaintiff,
Civil Action No. 5:11-CV-452 (HL)
v.
BRIAN OWENS, et al.,
Defendants.
ORDER
This case is before the Court on a Recommendation from United States
Magistrate Judge Charles H. Weigle (Doc. 14). Judge Weigle recommends the
following: (1) that Defendants Fry, Barnes, Lewis, Moody, and Hill be dismissed from
the case; (2) that Plaintiff’s Title II ADA claims against the Defendants in their individual
capacities be dismissed; (3) that Plaintiff’s First Amendment retaliation claims be
dismissed; (4) that any § 1983 claims against Defendant McLaughlin be dismissed; (5)
that Plaintiff’s claims for injunctive relief against Defendants Lewis, McLaughlin, Moody,
and Hill, and any other staff members at Macon State Prison, be dismissed as moot;
and (6) that any § 1983 claim for damages against Defendants Warder and Samford be
dismissed.
Plaintiff has not filed an objection to the Recommendation. The Court has
reviewed the Recommendation for clear error, and finds no error. The Recommendation
is accepted and adopted. The Clerk is directed to terminate Defendants Fry, Barnes,
Lewis, Moody, and Hill. The case shall proceed against Defendants Owens,
McLaughlin,

Samford,

Recommendation.

Warder,

Howerton,

and

Crickmar

as

outlined

in

the

SO ORDERED, this the 7th day of March, 2012.

s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
mbh